Legal Question in Employment Law in Washington

Re: Employment: Termination

You write, "as part of the terms the existing staff were guaranteed to keep their positions." Who guaranteed whom? If the guarantee was part of the deal between the buyer and the seller of the company, then that's one thing. The new employer may be in breach of that contract, though enforcement for you (since you were not a party to that contract) might be tough. If the guarantee was a promise made by the new managers to the staff in the opening days of their administration, that's a different deal. In the latter case, there is no "bargained for exchange" (other than possibly the promise not to panic and look for other work) and so the courts are not likely to find a binding commitment. It is more on the order of the standard pep talk that new management gives, so they can make the choice of who stays and who goes.

Washington (along with 48 other states) is an "at will" state. You can be let go for any reason or no reason at all, so long as it is not an illegal reason. (Illegal reasons include dismissal for discriminatory reasons, or in retaliation for an employee exercising his or her statutory rights, such as filing an L & I claim.) Unless you believe the motivation for your termination was one of the statutorily forbidden ones, your termination was probably not illegal. Crass, but not illegal.

If you have a contract, either individually or through a union, terms of that contract may still apply, even though the company has been sold. If you have a written contract with the old company, I would urge you to contact an attorney to see what additional rights might remain.

I would also urge you to apply for unemployment for two reasons. Of course, the additional money coming in will be helpful while you are searching for new work. In addition, however, your former employer will be called upon to respond in writing as to why you were terminated, though not in much detail. The response might open up possibilities, though the chances are small.

You do not say whether they have paid you for the time you worked for them, up to the day you were locked out, but if this is an issue, they are required to do so. If they do not, Dept of L & I can help you with that.

Good luck!